By: Nelson S.B. No. 199     A BILL TO BE ENTITLED   AN ACT   relating to automated external defibrillators.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 779.003, Health and Safety Code, is   amended to read as follows:          Sec. 779.003.  ACQUISITION, MAINTENANCE, AND INSPECTION OF   AUTOMATED EXTERNAL DEFIBRILLATOR. A person or entity that owns or   leases an automated external defibrillator shall:                (1)  ensure a licensed physician is involved in the   acquisition of the automated external defibrillator in accordance   with this chapter;                (2)  maintain and test the automated external   defibrillator according to the manufacturer's guidelines; and                (3)  conduct a monthly inspection to verify the   automated external defibrillator:                      (A)  is placed at its designated location;                      (B)  reasonably appears to be ready for use; and                      (C)  does not reasonably appear to be damaged in a   manner that could prevent operation.          SECTION 2.  Section 779.006, Health and Safety Code, is   amended to read as follows:          Sec. 779.006.  LIABILITY EXEMPTION.  (a)  Unless the conduct   is wilfully or wantonly negligent, a [The prescribing] physician   who prescribes or is otherwise involved in [authorizes] the   acquisition of an automated external defibrillator and any [in   accordance with this chapter, a] person or entity that provides   [approved] training in the use of an automated external   defibrillator [in accordance with this chapter, and the person or   entity that acquires the automated external defibrillator and meets   the requirements of this chapter] are not liable for civil damages   related to:                (1)  the [for such] prescription, [training, or]   acquisition, or training in the use of the automated external   defibrillator; or                (2)  any use or attempted use of or the failure to use   the automated external defibrillator [unless the conduct is   wilfully or wantonly negligent].          (b)  Any person or entity that acquires an automated external   defibrillator and any person or entity that owns, occupies,   manages, or is otherwise responsible for the designated location   where the automated external defibrillator is placed are not liable   for civil damages related to the use or attempted use of or the   failure to use the automated external defibrillator unless the   conduct is wilfully or wantonly negligent [and negligently fails to   comply with the requirements of this chapter is liable for civil   damages caused by such negligence].          (c)  The immunity provided by this section is in addition to   any other immunity or limitations of liability provided by other   law.          (d)  The immunity described by this section applies   regardless of whether the person who uses, attempts to use, or fails   to use the automated external defibrillator received training in   the use of an automated external defibrillator.          SECTION 3.  Section 21.0541, Education Code, is amended to   read as follows:          Sec. 21.0541.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION   RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board   shall adopt rules allowing an educator to receive credit towards   the educator's continuing education requirements for completion of   an instructional course on the use of an automated external   defibrillator that meets any [the] guidelines for automated   external defibrillator training approved by the board [under   Section 779.002, Health and Safety Code].          SECTION 4.  The following provisions are repealed:                (1)  Section 22.902(b), Education Code; and                (2)  Section 779.002, Health and Safety Code.          SECTION 5.  This Act takes effect September 1, 2021.